June 9, 2003 TO: FROM: SUBJECT: The County Board of Arlington, Virginia Ron Carlee, County Manager Amendments to the Arlington County Code 14.2-34 to limit parking of commercial vehicles, motor homes, camping trailers, boats, and boat trailers in areas zoned for residential use. RECOMMENDATION: Adopt amendments to 14.2-34 of the Arlington County Code to limit parking of commercial vehicles, motor homes, camping trailers, boats, and boat trailers in areas zoned for residential use. ISSUE: Whether to adopt the amendments to the County Code. SUMMARY: As a result of legislation (House Bill 1730) passed in the 2003 session of the Virginia General Assembly, Arlington County received authority to regulate or prohibit the parking of motor homes, camping trailers, boats and boat trailers in areas zoned for residential use. This enabling legislation also specified definitions for commercial vehicles that differ from the proposed changes to 14.2-34 that the County Board advertised for adoption following the meeting on November 16, 2002. The proposed ordinance reflects the changes resulting from the County s new enabling legislation. If the ordinance is adopted, the effective date will be July 1, 2003. BACKGROUND: The County has received numerous complaints from residents about boats, boat trailers, recreational vehicles, taxicabs, and commercial type vehicles (vehicles used for commercial purposes) being parked on residential streets. Residents have expressed concern about these vehicles occupying parking spaces needed by the residents to access their homes, posing safety hazards, and detracting from the appearance of their neighborhood. As a result of prohibitions in the City of Falls Church, the City of Alexandria, and Fairfax County on parking commercial vehicles, boats, boat trailers, and recreational vehicles on residential streets, those sections of Arlington County that border these jurisdictions have experienced an influx of such vehicles parking on residential streets in Arlington County. In other sections of the County, an increase in commercial vehicle parking on residential streets has resulted from the prohibition, imposed by some apartment complexes, on parking such vehicles on the apartment s parking lot. There also have been reports of commercial vehicles STAFF: Lt. Dave Dailey, Police Department Reviewed by the County Attorney s Office: County Board Meeting June 28, 2003
being parked in residential neighborhoods during business hours to free up customer parking. The County Board held a public hearing on December 7, 2002, to consider proposed changes to 14.2-34 of the Arlington County Code that prohibited the parking of commercial type vehicles on residential streets. Among the results of the public hearing was the County Board s request that taxicabs continue to be permitted to park on residential streets; that the County seek enabling legislation, during the 2003 session of the Virginia General Assembly, to prohibit the parking of boats and boat trailers on residential streets; that staff review the proposed ordinance with the Transportation Commission, Housing Commission, Tenant Landlord Commission, Disability Advisory Commission, civic/citizens associations, and the Arlington Civic Federation; and that staff attempt to collect more data on the number of commercial type vehicles that are the sole vehicle of Arlington County residents. The County Board deferred further consideration of the proposed ordinance changes until the meeting on February 8, 2003. At the County Board meeting on February 8, 2003, the County Board deferred consideration of the proposed ordinance changes until the meeting on April 26, 2003, at which time there would be information about whether Arlington County received enabling legislation regarding boats and boat trailers. DISCUSSION: The new revisions proposed for 14.2-34 of the Arlington County Code reflect changes to the definition of a commercial vehicle resulting from changes in the enabling legislation adopted during the 2003 General Assembly Session, identify limitations on the parking of motor homes and camping trailers (previously referred to as recreational vehicles), and add limitations on the parking of boats and boat trailers. According to records in the Office of the Commissioner of the Revenue, there are 474 boats and 249 boat trailers registered in Arlington. Parking of boats and boat trailers on private property and in a garage is permitted. The ordinance currently under consideration conforms strictly to the County s enabling authority as provided in the legislative changes approved during the 2003 session of the Virginia General Assembly. The differences and similarities between the ordinance currently under consideration and the ordinances in Fairfax County and the cities of Alexandria and Falls Church are outlined in an attachment following the ordinance. The proposed ordinance is similar to Fairfax County s ordinance because the enabling authority is similar, but not identical. Both the City of Alexandria and the City of Falls Church have broader enabling authority under their charters. If the ordinance changes are adopted, the effective date would be July 1, 2003. Staff would notify civic associations of these changes so that they in turn could notify
their residents. The other mechanisms used for notification about changes to the County Code also would be applied. FISCAL IMPACT: None, unless there were a need for a more extensive public education campaign than that described above. Staff anticipates compliance with the ordinance rather than there being a significant increase in collections for parking citations.
14.2-34. Limitation on parking of commercial vehicles motor homes, camping trailers, boats, and boat trailers in areas zoned for residence residential use. A. Limitation on parking of commercial vehicles. (1) For the purposes of this subsection, a commercial vehicle is defined as any of the following: (a) Any vehicle with a gross vehicle weight of ten thousand (10,000) twelve thousand (12,000) pounds or more. (b) Any vehicle designed to carry sixteen (16) or more passengers, including the driver. (c) Any vehicle designed to tow, transport, or carry vehicles. (d) Any vehicle bearing For Hire license plates, other than taxicabs or executive sedans as defined in section 56-338.104 of the Code of Virginia. (e) Any vehicle or trailer designed to sell food or merchandise directly from the vehicle or trailer itself. (f) Any limousine as defined in section 56-338.104 of the Code of Virginia. Any vehicle of any size that is being used in the transportation of hazardous materials as defined in section 46.2-341.1 of the Code of Virginia. (d) Any trailer or semitrailer, regardless of whether such trailer or semitrailer is attached to another vehicle. (e) Any vehicle with three (3) or more axles. (2) It shall be unlawful for any person to park any commercial vehicle, except for utility generators located on trailers and being used to power network facilities during a loss of commercial power and for those commercial vehicles temporarily parked while loading or unloading passengers or goods, materials or supplies, or while involved in construction work, or while performing services such as repair and/or installation of equipment, within or along any public street or highway of the county where the land abutting such public street or highway is classified as a residence district zoned for residential use under the Zoning Ordinance of the county then in effect. B. Limitation on parking of vehicles for commercial purposes. Deleted:
(1) It shall be unlawful for any person to park any motor vehicle, trailer, or semitrailer for commercial purposes, except for utility generators located on trailers and being used to power network facilities during a loss of commercial power and for those temporarily parked while loading or unloading passengers or goods, materials or supplies, or while involved in construction work, or while performing services such as repair and/or installation of equipment, within or along any public street or highway of the county where the land abutting such public street or highway is zoned for residential use under the Zoning Ordinance of the county then in effect. C. Limitation on parking of motor homes and camping trailers. (1) For the purposes of this subsection, a motor home is defined as a private motor vehicle with a normal seating capacity of not more than ten (10) persons, including the driver, designed primarily for use as living quarters for human beings. (2) For purposes of this subsection, a camping trailer is defined as a vehicle that has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle. (3) It shall be unlawful for any person to park any motor home or camping trailer within or along any public street or highway of the county, where the land abutting such public street or highway is zoned for residential use, for a period of five (5) consecutive days. D. Limitation on parking of boats and boat trailers. (1) For purposes of this subsection, a boat is defined as a vessel as defined in section 29.1-700 of the Code of Virginia. (2) It shall be unlawful to park any boat or boat trailer within or along any public street or highway of the county where the land abutting such public street or highway is zoned for residential use under the Zoning Ordinance of the county then in effect. E. For purposes of this subsection, in instances where a public street or highway serves as the boundary between an area zoned for residential use and an area zoned for another use, then the centerline of that public street or highway shall be considered as the boundary between the two areas. In such instances, the provisions of this section shall apply only to the side of the public street or highway that abuts the area zoned for residential use.
F. Any person who shall violate this subsection shall be punished by a fine of not less than five dollars ($5.00) twenty-five ($25.00) nor more than fifty dollars ($50.00) one hundred dollars ($100.00). (9-1-59; 5-10-61; 8-29-61; 3-12-62; Ord. No. 92-33, 7-11-92; Ord. No. 92-30, 7-11-92; Ord. No. 94-2, 2-5-94)
Attachment 1 Jurisdiction Authority Regulation of Commercial Vehicles Arlington 46.2- As proposed, prohibit in 1222.1 VA residential areas: Code Ann. Vehicle greater than 12,000 lbs. Any trailer or semi - trailer Any vehicle with 3 or more axles Any vehicle designed to transport 16 or more passengers including the driver Any vehicle of any size used to transport Fairfax County City of Alexandria 46.2-1222.1 and 1224 VA Code Ann. Charter hazardous materials Vehicles greater than 12,000 lbs. Any trailer or semi - trailer Any vehicle in which food or beverages are stored or sold Any trailer or semi - trailer used for transporting landscaping or lawn -care equipment Any vehicle licensed by the Commonwealth as a common or contract carrier or a limousine Every motor vehicle, except passenger car, truck and recreational vehicle and trailer regulated elsewhere, which is designed or used (1) to carry, deliver, handle or move goods, (2) to transport one or more Regulation of Boats, Boat Trailers, etc. As proposed, prohibit in residential areas: Boats and boat trailers Motor homes and camping trailers for more than 5 consecutiv e days Boats, boat trailers, motor homes, and camping trailers Restrictions established on block by block basis by individual ordinances adopted by the Board of Supervisors Boat, boat trailer, camping trailer, recreational vehicle, motor home for more than 1 hour in any 24 hour period
City of Falls Church Charter persons who perform services in commerce, industry or trade, or (3) to transport more than 8 persons, including the driver And which has painted or displayed on it any sign identifying or advertising a business, commercial venture, school or passenger transport service Or is registered with DMV, or leased by the registered owner, to a corporation, partnership, sole proprietor, other business or commercial entity or school. Any motor vehicle on which is displayed or painted any sign which identifies or advertises any business or commercial venture of any kind Any other motor vehicle which is used primarily in any business or commercial venture of any kind Boats and boat trailers